Madhya Pradesh Court February 2014 Judgments
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National Insurance Co. Ltd. , Registered Office Vs. Pushpendra Gupta J ...
Court: Madhya Pradesh
Decided on: Feb-05-2014
National Insurance Company LTD.versus Pushpendra Gupta & ORS.Review Petition No.618 / 2013 5.2.2014. MRS.Amrit Ruprah, learned counsel for the applicant. None appears for the respondents, even though served and represented by counsel. Learned counsel for the applicant is heard on the application for condonation of delay I.A.No.8071/2013 and merits of the case. This application has been filed for restoration of an order dated 11.2.2013 passed by a Bench of this Court in M.A.No.176/2011. It is stated that the Insurance Company was exonerated from the liability and, therefore, they were under the impression that they are not to pay the enhanced amount, but it is only when the copy of the order was received it was found that there is no discussion with regard to exoneration of the Insurance Company and joint liability was imposed. Records were gone through and thereafter after obtaining approval the review application is filed which resulted in delay. Keeping in view the aforesaid, delay i...
Smt. Vimla Bhalavi Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-05-2014
1 W.P.No.22007/2013 W.P.No.22007/2013 05.02.2014 Shri Jitendra Arya, learned counsel for petitioneRs.Shri Santosh Yadav, Panel Lawyer for respondent- State. Petitioners initially appointed as Shiksha Karmis under the provisions of the Madhya Pradesh Janpad Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1998. Subsequently, being absorbed as Sahayak Adhyapaks in pursuance to the Madhya Pradesh Adhyapak Samvarg (Employment and Conditions of service) Rules 2008 and granted regular pay-scale with effect from 01.04.2007 seeks direction to the respondents to grant regular pay-scale from the date of their initial appointment as Shiksha Karmi. During the couRs.of submission, it is being stated by learned counsel for petitioners that similarly situated persons have approached this Court vide writ petition No.602/2010(s) : Mohanlal and ors.v.State of Madhya Pradesh decided on 22.01.2010 & writ petition No.4720/2013 : Jitendra Yadav v. State of Madhya Pradesh and these peti...
Smt. Bina Vs. Smt. Bhagwati Judgement Given By: Hon'ble Shri Justice S ...
Court: Madhya Pradesh
Decided on: Feb-05-2014
1 Second Appeal No. 747 Of 2013 5.2.2014 Shri A.L. Patel, learned counsel for the appellant. Heard on admission. Perused the record. This Second Appeal at the instance of defendant Nos. 1 to 4 is directed against the Judgment and Decree dated 15.6.2013 in Civil Appeal No. 12 A/2010 dated 24.2.2010 in Civil Suit No. 31 A/2009; whereby, appellant's appeal has been dismissed. Suit by the plaintiff was for partition of the immovable property bearing Khasra No. 145 area 1.376, Khasra No. 149/2 area 1.776 hectare, Khasra No. 150 area 0.627 hectare, Khasra No. 226/1, 227/1 area 0.582 hectare, Khasra No. 398, 400, area 2.472 hectare, Khasra No. 411/4 area 2.914 hectare, Khasra No. 411/3, 415, 416 area 0.269 hectare, Khasra No.419/1 area 0.963 hectare, Khasra No. 420/23 area 0.284 hectare, Khasra No. 469 area 0.069 hectare, KhaSr. No. 476 area 0.028 hectare total 13.388 hectare, village Ghanoura and for a declaration that the order dated 24.8.2007 passe...
Gaurishankar Vs. Bandu Judgement Given By: Hon'ble Shri Justice Rohit ...
Court: Madhya Pradesh
Decided on: Feb-05-2014
1 S.A. No.562 /2012 05/02/2014 Shri Pranay Verma, learned counsel for the appellants. Heard on the question of admission. This second appeal, at the instance of plaintiff under Section 100 of CPC, is against the concurring judgment and decree dated 19/3/20012 passed in Civil Appeal No.12-A/2011 affirming the judgment and decree dated 25/11/2010 passed in Civil Suit No.40-A/2008, is filed questioning the finding of facts of Courts below whereby the claim of the plaintiffs as regards to acquisition of title by adverse possession has been negated and suit has been dismissed.2. Before adverting to factual matrix, it is apposite to state law in this regard as consistently held by the Honble Supreme Court and followed by the various High Courts including the jurisdictional High Court.3. The facts required to plead and prove adverse possession when the party to a lis set up a plea of acquisition of title 2 adverse possession has to be specific as regards to period and date from which he claim...
M/s Nahar Spinning Mills Ltd. Vs. Commissioner of Central Excise Judge ...
Court: Madhya Pradesh
Decided on: Feb-05-2014
- 1 -1 C.E.A.No.20/2009 5/2/2014 : Shri V. Bhide, learned counsel for the appellant. Shri Sushrut Dharmadhikari, learned counsel for the Revenue. This is an appeal under Section 35 G of Central Excise Act challenging an order dated 5.4.2005 passed by the Central Excise Custom and Service Tax Appellate Tribunal. On going through the records and after considering the objection raised by Shri Sushrut Dharmadhikari with regard to maintainability of this appeal, it is seen that initially challenging the same order, an appeal was filed under Section 35 G which was registered as M.A.C.E.No.6/2006. It came up for hearing before the Division Bench of this Court on 23.8.2006 when after considering the submissions made, the following orders were passed in the said appeal by a Division Bench of this Court :- " Heard Mr.Ajay Mishra, learned Sr.Counsel with Mr.Wakeel Khan, Advocate learned counsel for the appellant. He states that the remedy against the impugned order of the CustoMs.Excise and Servi...
Naresh Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble Shr ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
Criminal Appeal No.1711/2011 04.02.2014 Shri Vishal Dhagad, learned counsel for the appellant. Shri Umesh Pandey, learned Govt. Adv for respondent-State. Smt. Durgesh Nandani, learned counsel for the complainant namely Govindi Prasad Patel, S/o Darbari Patel, R/o village Hardani, P.S.Damoh Dehat, District Damoh. At the request of appellant's counsel the case is taken out of its turn from the cause list. The complainant, victim is also present in person. He is identified by his counsel. Heard on IA No.4040/13, an application filed with the joint signatures of the appellant as well as aforesaid complainant permitting them to compound the impugned offence. It is noted that signature of the appellant on such application is attested by the Superintendent of District Jail, Damoh, where the appellant is facing the awarded jail sentence under Section 307/34 of IPC. The appellant has been convicted and sentenced by the trial court under Section 307/34 of IPC RI for ten years with fine of Rs.100...
Lavkesh Sahu Vs. the State of Madhya Pradesh Judgement Given By: Hon'b ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
M.Cr.C.No.17321 of 2013 04.02.2014 Shri S.K.Singh, learned counsel for the applicant. Shri Umesh Pandey, learned Govt. Adv for respondent-State. State's counsel submits that he is under receipt of the case diary. Heard. On behalf of the applicant, this petition is preferred under Section 439 of Cr.P.C for grant of bail as he is in custody since 7.10.2013 in connection of Crime No.6/13, registered at Police Station AJK, Sidhi for the offence punishable under Sections 376 of IPC and 3 (2) (v) and 3 (1) (xii) of SC/ST (Prevention of Atrocities) Act. The applicant's counsel after taking me through the rejection order said that the applicant aged 17 years and some months has been falsely implicated by the prosecutrix having the age of 22 yeaRs.By referring interrogatory statements of the prosecutrix, he said that in such a situation, it appears to be a case of consent but because of intervention of some other person at the place of incident, the matter was reported to the Police. He further...
Vidhyadhar Pandey Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
1 W.P.No.18476/2012 & W.P.No.22002/2012 04.02.2014 Shri Arun Shukla, learned counsel for petitioner in writ petition No.18476/2012. Shri P.K.Saxena, learned counsel for petitioner in writ petition No.22002/2012. Shri S.S.Bisen, learned Government Advocate for respondent/State. The question which crops up for consideration in these petitions as to whether Laboratory Technicians working in a colleges under Higher Education are engaged in teaching as would categorize them as teachers which would entitle them for an extended age of retirement from 62 years to 65 years is no more res-integra and has been settled at rest by a decision in Mahesh Chandra Gupta versus State of Madhya Pradesh and others : writ petition No.2013/2011(s) decided on 19.05.2011 and affirmed in writ appeal No.362/2011. That, the decision has been followed in R.S.Kushwaha versus State of Madhya Pradesh : writ petition No.3380/2013, Harishankar Verma versus State of Madhya Pradesh : writ petition No.5404/2013 and Kailas...
Ranjana Thakur Vs. the State of Madhya Pradesh Judgement Given By: Hon ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
CRR No.2423/2012 Criminal Revision No.2423/2012 4.2.2014 Shri Piyush Bhatnagar, counsel for the applicant. Shri R.N.Yadav, Panel Lawyer for the State/ respondent. Heard on admission. The applicant has challenged the order dated 11.6.2012 passed by the Collector, Sagar in case No.238 B/121 of year 2011-12, by which kerosene was confiscated. Also the order dated 7.11.2012 passed by the learned 8th Additional Sessions Judge, Sagar in criminal appeal No.305/2012 is challenged, by which the appeal filed by the applicant was dismissed. The prosecution's case, in short, is that, on 24.10.2009, DSP EOW, Sadar Bazar, Sagar has found 6,000 liters of blue kerosene in the house of one Manish Rathore. It was also found that from Mahila Jagriti Prathamik Sahkari Up-bhandar shop, 6,000 liters of kerosene was missing. It is also found that some irregularities were done by the applicant in keeping the stock of sugar and wheat. The Manager Chhotu S/o Hiralal Bansal was found in the shop at that time but...
P.K. Rajappan Vs. the State of Madhya Pradesh Judgement Given By: Hon' ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
W.A.No.1232/2013 04/02/2014 Shri Anoop Nair, Advocate for the appellant. Shri Vivek Agrawal, Dy. Advocate General for the respondents/State. Heard counsel for the parties. As short question is involved, appeal is taken up for final disposal forthwith, by consent. This appeal takes exception to the decision of the learned Single Judge dated 13th August, 2013 in Writ Petition No.18978/2003. By that decision, the writ petition filed by the appellant challenging the decision of the Disciplinary Authority came to be rejected. The Disciplinary Authority recorded finding of guilt against the appellant and imposed penalty of dismissal for the said illegality. The appellant challenged the said decision by way of appeal, which also was rejected. Resultantly, the appellant approached this Court by way of writ petition. The learned Single Judge has declined to interfere in the said writ petition. The only argument canvassed before this Court is that neither the fiRs.Authority nor the Appellate Aut...